Employee and independent contractor distinguished
Applied in 19 court decisions — leading case Egemo v. Flores (1991)
Most recently applied in Black Hills Adventure Lodging, LLC v. Dlr, Reemployment Assistance Division (February 2025)
Source: SL 1936 (SS), ch 3, § 19; SDC 1939, § 17.0802 (7) (f); SL 1939, ch 86, § 1; SL 1971, ch 276, § 11; SL 1985, ch 397; SL 2011, ch 1 (Ex
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Service performed by an individual for wages is employment subject to this title unless and until it is shown to the satisfaction of the Department of Labor and Regulation that:
(1) The individual has been and will continue to be free from control or direction over the performance of the service, both under his contract of service and in fact; and
(2) The individual is customarily engaged in an independently established trade, occupation, profession, or business.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.